Federal Watchdog Slaps Milpitas with Age Discrimination Suit

City Manager Tom Williams accused the mayor of ageism in a threat to sue him and the city. (Photo via Wikimedia Commons)

An age discrimination lawsuit filed last month in federal court claimsÂ MilpitasÂ City ManagerÂ Tom WilliamsÂ hired a younger, less qualified secretary over several more experienced candidates.

The lawsuit,Â filed by federal labor watchdogs the Equal Employment Opportunity Commission (EEOC), alleges that the city in 2013 passed over four women in their 40s and 50s who came away with the top scores in a panel review of applicants. Williams instead hired Rachelle Currie, who was 39 at the time, giving her a base pay of $95,000 a year.

In December 2012, a three-member panel consistingâthen-Milpitas planning director Steve McHarris, the city of Menlo Parkâs Eren Romero and the city of Santa Claraâs Yvonne Galettaârated applicants on a 100-point scale. Carmen Valdez, Milpitasâ human resources director, kept time. A score of 80 to 89 was considered well qualified.

Months later, Williams hired Currie but, according to the EEOC, failed to give a valid reason for choosing her over higher-scoring counterparts.

Another employee, office specialist Lori Casagrande, filed a complaint with the EEOC, which is responsible for enforcing federal laws against discrimination based on race, religion, sex or age.

The federal commission agreed that Milpitas had violated the law and tried to work out a settlement agreement. Those negotiations hit a dead end in February, so the EEOC filed a lawsuit this past month in the U.S. District Court, Northern District of California.

Walnut Creek-based attorney Chris Diaz, who represents Milpitas after the city fired its in-house attorney Mike Ogaz earlier this year, said the cityÂ has received the complaint and is in the process of reviewing it.

"We cannot comment further at this time," he noted.

The suit seeks monetary damages for Anderson, Toeafog, Penas and Rosvida, as well as injunctive relief to prevent future age discrimination. It doesnât name Casagrande as a claimant because she filed a private claim alleging violations of state law for being laid off despite having seniority over Currie.

âOlder workers continue to face discrimination based on age due to negative stereotypes and inaccurate assumptions about their abilities,â EEOC attorney Jonathan Peck said in a statement. âIt is important for employers to ensure that such stereotyping does not impact a personâs ability to be employed. Employment decisions must be based on merit, not age.â

Some 23 percent of all EEOC charges filed in the USÂ last year related to age discrimination, according to the agencyâs San Francisco district director William Tamayo.

âIt is important that employers not ignore the value that older workers can bring to their workforce,â he said.

In a separate lawsuit filed in May in Santa Clara County Superior Court, Casagrande claims the city violated state age discrimination laws.

An office specialist for the city from 2001 to 2012, Casagrande said her co-workers and supervisors affirmed that she performed her job well. Then, in May 2012, the city gave her a pink slip.

âThe city told plaintiff that reassignment was not an option,â the lawsuit states. âAt the time, the City Clerkâs Office employed an office specialist who had less seniority than [Casagrande], Rachelle Currie.â

Casagrande filed a formal complaint that summer with the city, challenging Williamsâ decision to keep Currie and give her a higher salary than a more experienced candidate. Months later, in September 2012, she told the EEOC about her case, which prompted the commission to look for other cases within the city.

In April, McHarrisâthe planning director named in the suitâfiled a personnel complaint against Williams after finding aÂ job with the city of San Jose.. McHarris put in his one-month notice,Â but left long before those weeks were up.

Valdez, who was also named in the lawsuit, retired a month early this spring after three decades with the city. She was the latest in a long line of department heads to leave. Several cited problems with Williamsâ temper.

Ogaz, the city attorney, was forced out under the guise of saving money. But according to sources at City Hall, his ouster had more to do with a dispute with Williams.

I predicted this would happen (lawsuits) months ago when smug & condescending Tom Williams fired Mike Ogaz without cause earlier this year. The Milpitas City Council should have heeded my advice then by dismissing this incompetent & spiteful jackass before his actions bankrupt the city. Tom Williams needs to be shown the door immediately & if there happens to be a flight of stairs on the other side a good shove would be more than appropriate. It’s just another example of the glaring lack of ability to fulfill the duties of their elected offices & complete lack of accountability of those elected to represent the best interests of the citizens of Milpitas. Obviously winning an election has absolutely nothing to do with one’s ability to lead or govern & if Williams isn’t canned at the next council meeting it’s time to start circulating recall petitions. Goodbye & good riddance !

Anyone else shocked when they read the article and saw Currie was 39? Was expecting that Williams had hired some young, sexy 20-something. Considering that Federal law defines 40-and-over as a protected class when it comes to age discrimination, I wonder if this lawsuit would even be happening if Currie were a year older?

Age discrimination is happening all over the Valley. My husband was fired from his job of more than 20 years because of “poor performance” when it was his company that kept placing him in lower performing stores, thereby sabotaging him. They hired a younger manager at a lower salary. If we could prove it, we would sue Armadillo Willy’s BBQ for age discrimination!